HB 1369-2_ Filed 01/28/2010, 09:26
Text Box
Adopted Rejected
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COMMITTEE REPORT
YES:
7
NO:
4
MR. SPEAKER:
Your Committee on Government and Regulatory Reform , to which was referred
House Bill 1369 , has had the same under consideration and begs leave to report the
same back to the House with the recommendation that said bill be amended as follows:
Delete the title and insert the following:
A BILL FOR AN ACT to amend the Indiana Code concerning
transportation.
Delete everything after the enacting clause and insert the following:
SOURCE: IC 8-15.5-1-2; (10)AM136902.1. -->
SECTION 1. IC 8-15.5-1-2, AS ADDED BY P.L.47-2006,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) This article contains full and complete
authority for public-private agreements between the authority and a
private entity. Except as provided in this article, no law, procedure,
proceeding, publication, notice, consent, approval, order, or act by the
authority or any other officer, department, agency, or instrumentality
of the state or any political subdivision is required for the authority to
enter into a public-private agreement with a private entity under this
article, or for a toll road project that is the subject of a public-private
agreement to be constructed, acquired, maintained, repaired, operated,
financed, transferred, or conveyed.
(b) Notwithstanding any other law, after August 1, 2006, neither the
authority nor the department may:
(1) issue a request for proposals for; or
(2) enter into;
a public-private agreement under this article that would authorize an
operator to impose tolls for the operation of motor vehicles on all or
part of a project, unless the general assembly adopts a statute
authorizing the imposition of tolls.
(c) (b) Notwithstanding any other law, neither the authority nor an
operator may carry out any of the following activities under this article
unless the general assembly enacts a statute authorizing that activity:
(1) Carrying out construction for Interstate Highway 69 in a
township having a population of more than seventy-five thousand
(75,000) and less than ninety-three thousand five hundred
(93,500).
(2) Imposing tolls on motor vehicles for use of the part of an
interstate highway that connects a consolidated city and a city
having a population of more than eleven thousand five hundred
(11,500) but less than eleven thousand seven hundred forty
(11,740).
SOURCE: IC 8-15.5-4-1; (10)AM136902.2. -->
SECTION 2. IC 8-15.5-4-1, AS ADDED BY P.L.47-2006,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. (a) Before entering into a public-private
agreement under this article, the authority must issue a request for
proposals as set forth in this chapter. A request for proposals for a toll
road project may be issued by the authority in one (1) or more phases
and may include a request for qualifications.
(b) The authority may charge and retain an administrative fee
for the evaluation of an unsolicited project proposal.
SOURCE: IC 8-15.5-4-1.5; (10)AM136902.3. -->
SECTION 3. IC 8-15.5-4-1.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]:
Sec. 1.5. (a) As used in this section,
the following terms have the following meanings:
(1) "Adjusted private sector bid" means the estimated bid by
a private entity for a project, adjusted for risks retained by
the public sector under alternative financing and
procurement and for ancillary costs.
(2) "Estimated private sector bid" means an estimate of the
expected bid by a private entity, including financing costs, for
a particular project using alternative financing and
procurement delivery methods.
(3) "Public sector comparator" means the estimated total
costs, including adjustments for risks retained and ancillary
costs, to the public sector of delivering an infrastructure
project using traditional procurement processes.
(4) "Value for money" means the difference between the
public sector comparator and the estimated private sector bid.
A positive value for money occurs for a project using a
public-private agreement when the adjusted private sector bid
is less than the public sector comparator.
(b) The following conditions must be met before the authority
may issue a request for proposals for a toll road project under this
chapter:
(1) The proposed project must be in:
(A) the state transportation improvement program
approved by the Federal Highway Administration and the
Federal Transit Administration; and
(B) the long range comprehensive transportation plan and
work program established under IC 8-23-2-5.
If the proposed project is not in one (1) of the programs or
plans, that program or plan must be amended to include the
project and approved in accordance with all applicable state
and federal laws.
(2) The authority must demonstrate a need for the project by
conducting a feasibility study. The feasibility study must
include the following:
(A) A topographic map (1:2,000 or other appropriate
scale) indicating the proposed location or locations of the
project.
(B) A description of the project, including the conceptual
design of the project and all proposed interconnections
with other transportation facilities.
(C) The proposed date for development, operation, or
development and operation of the project.
(D) An estimate of the life cycle cost of the project as
proposed.
(E) A statement setting forth the method by which the
authority proposes to secure any property interests
required for the project.
(F) The following information, as determined in
consultation with the local units of government and
metropolitan planning organizations in which any part of
the proposed project would be located:
(i) Information relating to the current transportation
plans, if any, of each affected jurisdiction.
(ii) A list of all permits and approvals required from
local, state, or federal agencies for the development,
operation, or development and operation of the project,
and a projected schedule for obtaining those permits and
approvals.
(iii) A list of public utility facilities, if any, that will be
crossed by the project, and a statement of the plans to
accommodate those crossings.
(iv) Information on how the project will address the
needs identified in the appropriate state, regional, or
local transportation plans by improving safety, reducing
congestion, increasing capacity, enhancing economic
efficiency, or achieving any combination of these ends.
(v) The estimated fiscal impact of the proposed project
on local units of government, including impacts resulting
from loss of taxable property, costs incurred for
displacement of existing infrastructure, and costs
incurred in reviewing the design of the proposed project
to ensure that local traffic patterns are not adversely
affected.
(G) The names and contact information of the persons who
may be contacted for additional information concerning
the feasibility study.
The authority shall post a copy of the feasibility study on the
authority's Internet web site and shall also provide copies of
the study to the governor, the legislative council (in an
electronic format under IC 5-14-6), and the county executive
and county fiscal body of each county in which any part of the
proposed project is to be located.
(3) The authority shall prepare a comparative analysis of
providing the proposed project through the traditional
method of procurement as compared to a public-private
agreement under this article. This analysis must use a value
for money analysis that incorporates a public sector
comparator.
(4) The authority shall make a finding, in writing, that the
proposed project will serve the public purpose of this article.
The authority may make such a finding if all of the following
conditions are met:
(A) There is a public need for the project.
(B) The project and the proposed interconnections with
existing transportation facilities, and the plans for
development, operation, or development and operation of
the project, are reasonable and will address the needs
identified in the appropriate state, regional, or local
transportation plans by such means as improving safety,
reducing congestion, increasing capacity, and enhancing
economic efficiency.
(C) The estimated cost of developing, operating, or
developing and operating the project is reasonable in
relation to similar facilities.
(D) Providing the project by means of an agreement with
a private entity will result in the timely development,
operation, or development and operation of the project or
its more efficient operation.
SOURCE: IC 8-15.5-4-2; (10)AM136902.4. -->
SECTION 4. IC 8-15.5-4-2, AS ADDED BY P.L.47-2006,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. A request for proposals issued by the
authority must include the following:
(1) The factors or criteria that will be used in evaluating the
proposals.
(2) A statement that a proposal must be accompanied by evidence
of financial responsibility as considered appropriate and
satisfactory by the authority.
(3) A statement concerning whether discussions may be
conducted with the offerors for the purpose of clarification to
assure full understanding of and responsiveness to the solicitation
requirements.
(4) A statement concerning requirements as to the allocation
of any revenue resulting from the proposed project between
the authority and the operator, such as:
(A) availability payments or performance based payments;
and
(B) amounts required by the authority for purposes of
IC 8-15.5-11-3(j).
(5) A statement describing the performance standards that
will apply to the operator of the proposed project and
requiring each offeror to provide information setting forth the
manner by which the offeror will comply with those
standards.
(6) A statement:
(A) requiring each offeror to provide an operational plan
setting forth the offeror's general plans for developing,
operating, or developing and operating the proposed
project, including identification of any assumptions
concerning revenue sources, public or private, or proposed
debt or equity investments or concessions that are
anticipated to be proposed by the offeror; and
(B) notifying offerors that all or part of the operational
plan provided in the selected offer may be subject to
disclosure under section 6 of this chapter.
(7) The name and contact information of the persons who may
be contacted for additional information concerning the
request for proposals.
(4) (8) A statement concerning any other information that the
authority may consider in evaluating the proposals.
(5) (9) A statement that, except as otherwise required by law or
under order from a court with jurisdiction, the authority may not
disclose the contents of proposals during:
(A) discussions; or
(B) negotiations;
with eligible offerors to other eligible offerors.
(10) A statement that in order to request that the authority
treat confidential and proprietary information and trade
secrets submitted as part of a proposal or other submission as
exempt from disclosure, the offeror must:
(A) conspicuously label as confidential the parts of the
proposal or other submission that the offeror considers to
be trade secrets or confidential commercial, financial, or
proprietary;
(B) state the reasons why confidentiality is necessary; and
(C) fully comply with any applicable state law with respect
to information that the offeror contends should be exempt
from disclosure.
SOURCE: IC 8-15.5-4-3; (10)AM136902.5. -->
SECTION 5. IC 8-15.5-4-3, AS ADDED BY P.L.47-2006,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. Notice of a request for proposals shall be
given by:
(1) a written notice of the authority's intent to issue a request
for proposals, mailed to:
(A) the city-county council, for a county having a
consolidated city;
(B) the county executive, for any other county;
(C) the common council and the mayor, for a city;
(D) the town council, for a town; and
(E) the local metropolitan planning organization, if any;
of each county, city, or town in which any part of the
proposed project is to be located; and
(2) publication in accordance with IC 5-3-1 in the city of
Indianapolis and in each county in which any part of the
proposed project is to be located.
The written notice required by subdivision (1) must be mailed to
each of the entities described in subdivision (1) at least seven (7)
days before the anticipated date of the initial publication of the
notice required by subdivision (2).
SOURCE: IC 8-15.5-4-6; (10)AM136902.6. -->
SECTION 6. IC 8-15.5-4-6, AS ADDED BY P.L.47-2006,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 6. (a) The authority may not disclose the
contents of proposals during discussions or negotiations with eligible
offerors.
(b) The authority may, in its discretion in accordance with
IC 5-14-3, treat as confidential all records relating to discussions or
negotiations between the authority and eligible offerors if those records
are created while discussions or negotiations are in progress.
(c) Notwithstanding subsections (a) and (b), and with the exception
of parts that are confidential under IC 5-14-3, Except with respect to
information that the authority finds was appropriately designated
as confidential by an offeror under section 2 of this chapter,
including any such parts of an operational plan, the terms of the
selected offer negotiated under this article and all other proposals
submitted by eligible offerors in response to the request for
proposals shall be available for inspection and copying under
IC 5-14-3 after negotiations with the offerors have been completed.
(d) Notwithstanding subsections (a) and (b), and except as
provided with respect to parts of an operational plan that are
confidential under subsection (c), at least sixty (60) days before the
hearings required by section 9 of this chapter, the authority shall
make the operational plan submitted as part of the proposal for the
selected offer under section 2 of this chapter available to the public
by:
(1) posting an electronic copy of the operational plan on the
authority's Internet web site in a manner that permits the
public to transmit comments on the operational plan to the
authority; and
(2) providing printed copies of the operational plan to:
(A) the city-county council, for a county having a
consolidated city; and
(B) the county executive, for any other county;
of each county in which any part of the proposed project is to
be located.
(d) (e) When disclosing the terms of the selected offer proposals
under subsection (c) and the operational plan under subsection (d),
the authority shall certify that the information being disclosed
accurately and completely represents the terms of the selected offer
offers and the operational plan.
SOURCE: IC 8-15.5-4-9; (10)AM136902.7. -->
SECTION 7. IC 8-15.5-4-9, AS ADDED BY P.L.47-2006,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 9.
(a) If the authority makes a preliminary
selection of an operator under section 8 of this chapter, the authority
shall schedule a public hearing on the preliminary selection and in
each county in which any part of the proposed project is to be
located. The authority shall publish notice of the hearing in each of
the counties one (1) time in accordance with IC 5-3-1 at least seven (7)
twenty-one (21) days before the hearing. The authority shall also
mail a copy of the notice to:
(1) the city-county council, for a county having a consolidated
city;
(2) the county executive, for any other county;
(3) the common council and the mayor, for a city;
(4) the town council, for a town; and
(5) the local metropolitan planning organization, if any;
of each county, city, or town in which any part of the proposed
project is to be located.
(b) The notice notices required by subsection (a) must include the
following:
(1) The date, time, and place of the hearing.
(2) The subject matter of the hearing.
(3) A description of the related toll road project and of the
public-private agreement to be awarded.
(4) The identity of the offeror that has been preliminarily selected
as the operator for the project.
(5) The address and telephone number of the authority.
(6) A statement indicating that, subject to section 6 of this
chapter, and except for those portions that are confidential under
IC 5-14-3, section 6 of this chapter, the selected offer and an
explanation of the basis upon which the preliminary selection was
made are available for public inspection and copying at the
principal office of the authority during regular business hours.
SOURCE: IC 8-15.5-4-10; (10)AM136902.8. -->
SECTION 8. IC 8-15.5-4-10, AS ADDED BY P.L.47-2006,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 10. (a) Subject to section 6 of this chapter,
and except for those parts that are confidential under
IC 5-14-3, section
6 of this chapter, the selected offer and a written explanation of the
basis upon which the preliminary selection was made shall be made
available for inspection and copying in accordance with IC 5-14-3 at
least seven (7) days before the
hearing hearings scheduled under
section 9 of this chapter.
(b) At the hearing, hearings, the authority shall allow the public to
be heard on the preliminary selection.
SOURCE: IC 8-15.5-4-11; (10)AM136902.9. -->
SECTION 9. IC 8-15.5-4-11, AS ADDED BY P.L.47-2006,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 11. (a) After the procedures required in this
chapter have been completed, the authority shall make a determination
as to whether the offeror that submitted the selected offer should be
designated as the operator for the related toll road project and shall
submit the authority's determination to the governor and the budget
committee.
(b) After review of the authority's determination by the budget
committee, the governor may accept or reject the determination of the
authority. If the governor accepts the determination of the authority, the
governor shall designate the offeror who submitted the selected offer
as the operator for the related toll road project. The authority shall
publish notice of the designation of the operator for the related toll road
project one (1) time in each county in which any part of the
proposed project is to be located in accordance with IC 5-3-1.
(c) After the designation of the operator for the related toll road
project, the authority may execute the public-private agreement with
that operator.
SOURCE: IC 8-15.5-4-11.5; (10)AM136902.10. -->
SECTION 10. IC 8-15.5-4-11.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 11.5. The authority may not
execute a public-private agreement for a project unless all of the
following conditions are met:
(1) The authority has entered into a memorandum of
understanding with each county or municipality that contains
any part of the project concerning reimbursement for costs
incurred by the county or municipality in relation to the
project, including:
(A) costs incurred for displacement of existing
infrastructure;
(B) costs incurred to resolve adverse impacts on local
traffic patterns;
(C) tax revenues lost as a result of exemptions granted to
the operator; and
(D) costs of law enforcement, medical services and
materials, fire protection, and other public safety and
emergency services provided for the project.
Each memorandum of understanding entered into under this
subdivison is subject to review and approval by the budget
committee.
(2) All environmental analyses of the project required by state
and federal law have been completed by the appropriate state
and federal agencies.
(3) The project has been approved in a record of decision
issued by the federal highway administration.
SOURCE: IC 8-15.5-4-12; (10)AM136902.11. -->
SECTION 11. IC 8-15.5-4-12, AS ADDED BY P.L.47-2006,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 12. Any action to contest the validity of a
public-private agreement entered into under this chapter may not be
brought after the fifteenth thirtieth day following the completion of
publication of the notice of the designation of an operator under the
public-private agreement as provided in section 11 of this chapter.
SOURCE: IC 8-15.5-4-14; (10)AM136902.12. -->
SECTION 12. IC 8-15.5-4-14 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 14. (a) The authority may
retain financial, legal, and other consultants and experts inside or
outside the public sector to assist in the evaluation, negotiation, and
development of projects under this article. These consultants and
experts must have at least five (5) years experience working in that
capacity with public-private partnerships.
(b) The authority may pay expenses that are reasonably
necessary for the development of procurements, evaluation of
concepts or proposals, negotiation of agreements, and
implementation of agreements for development or operation of
projects under this article.
SOURCE: IC 8-15.5-4-15; (10)AM136902.13. -->
SECTION 13. IC 8-15.5-4-15 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]:
Sec. 15. The authority may pay a
stipulated amount to an unsuccessful offeror that submits a
responsive proposal in response to a request for proposals under
this chapter, in exchange for the work product contained in that
proposal. The use by the authority of any design element contained
in an unsuccessful proposal is at the sole risk and discretion of the
authority and does not confer liability on the recipient of the
stipulated amount under this section. After payment of the
stipulated amount:
(1) the authority and the unsuccessful offeror jointly own the
rights to, and may make use of any work product contained
in, the proposal, including the technologies, techniques,
methods, processes, ideas, and information contained in the
proposal, project design, and project financial plan; and
(2) the use by the unsuccessful offeror of any part of the work
product contained in the proposal is at the sole risk of the
unsuccessful offeror and does not confer liability on the
authority.
SOURCE: IC 8-15.5-5-1; (10)AM136902.14. -->
SECTION 14. IC 8-15.5-5-1, AS ADDED BY P.L.47-2006,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. (a) Before developing or operating a toll
road project, a private entity that has been selected as the operator of
a toll road project under this article shall enter into a public-private
agreement with the authority setting forth the rights and duties of the
operator under this article.
(b) A public-private agreement entered into under this article must
be approved by the budget committee and the governor before its
execution.
SOURCE: IC 8-15.5-5-2; (10)AM136902.15. -->
SECTION 15. IC 8-15.5-5-2, AS ADDED BY P.L.47-2006,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. A public-private agreement entered into
under this article must provide for the following:
(1) The original term of the public-private agreement, which may
not exceed
seventy-five (75) fifty (50) years.
(2) Provisions for a:
(A) lease, franchise, or license of the toll road project and the
real property owned by the authority upon which the toll road
project is located or is to be located; or
(B) management agreement or other contract to operate the toll
road project and the real property owned by the authority upon
which the toll road project is located or is to be located;
for a predetermined period. The public-private agreement must
provide for ownership of all improvements and real property by
the authority in the name of the state.
(3) Monitoring of the operator's maintenance practices by the
authority and the taking of actions by the authority that it
considers appropriate to ensure that the toll road project is
properly maintained.
(4) The basis upon which user fees that may be collected by the
operator, as determined under this article, are established.
(5) Compliance with applicable state and federal laws and local
ordinances.
(6) Grounds for termination of the public-private agreement by
the authority or the operator.
(7) The date of termination of the operator's authority and duties
under this article.
(8) Procedures for amendment of the agreement.
(9) A requirement that the operator and any contractor or
subcontractor engaged in a project for the construction of the
toll road project enter into a project labor agreement as a
condition of being awarded and performing work on the
project.
(10) A statement that the agreement does not limit the ability
of the authority, the state, or any unit of local government to
develop, maintain, operate, or lease any other transportation
project. However, the agreement may provide for reasonable
compensation to the operator for adverse effects on revenues
due to the development or leasing of another transportation
project, except:
(A) projects that are identified in regional transportation
plans;
(B) projects that relate to safety;
(C) improvements that result in incidental capacity
increases;
(D) newly created or converted high-occupancy vehicle
lanes;
(E) projects more than ten (10) miles from the operator's
project; and
(F) existing non-tolled lanes that are converted to
high-occupancy toll lanes.
SOURCE: IC 8-15.5-6-2; (10)AM136902.16. -->
SECTION 16. IC 8-15.5-6-2, AS ADDED BY P.L.47-2006,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) Unless otherwise provided by federal
law or this article, the operator or any contractor or subcontractor of
the operator engaged in the construction of a toll road project is not
required to comply with IC 4-13.6 or IC 5-16 concerning state public
works, IC 5-17 concerning purchases of materials and supplies, or
other statutes concerning procedures for procurement of public works
or personal property as a condition of being awarded and performing
work on the project.
(b) IC 5-16-7, concerning the common construction wage,
applies to the operator or any contractor or subcontractor of the
operator engaged in a project for the construction of a toll road
project.
SOURCE: IC 8-15.5-11-3; (10)AM136902.17. -->
SECTION 17. IC 8-15.5-11-3, AS ADDED BY P.L.47-2006,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. (a) The toll road fund is established to
provide funds to:
(1) pay or defease certain bonds in the manner provided by this
chapter;
(2) pay amounts owed by the authority in connection with the
execution and performance of a public-private agreement under
this article, including operating expenses of the authority; and
(3) make distributions to the next generation trust fund and the
major moves construction fund.
(b) The authority shall hold, administer, and manage the fund.
(c) Expenses of administering the fund shall be paid from money in
the fund.
(d) The fund consists of the following:
(1) Money received from an operator under a public-private
agreement
concerning the Indiana Toll Road.
(2) Appropriations, if any, made by the general assembly.
(3) Grants and gifts intended for deposit in the fund.
(4) Interest, premiums, gains, or other earnings on the fund.
(5) Amounts transferred to the fund under subsection (i).
(6) Amounts transferred to the fund under IC 8-14-14-6(a)(5).
(e) The authority shall establish the following separate accounts
within the fund:
(1) The bond retirement account.
(2) The administration account.
(3) The eligible project account.
(f) Money in the fund shall be deposited, paid, and secured in the
manner provided by IC 4-4-11-32. Notwithstanding IC 5-13, the
authority shall invest the money in the fund that is not needed to meet
the obligations of the fund in the manner provided by an investment
policy established by resolution of the authority.
(g) The fund is not part of the state treasury and is considered a trust
fund for purposes of IC 4-9.1-1-7. Money may not be transferred,
assigned, or otherwise removed from the fund by the state board of
finance, the budget agency, or any other state agency.
(h) Money in the fund at the end of a state fiscal year does not revert
to the state general fund.
(i) As soon as practicable after a public-private agreement
concerning the Indiana Toll Road has been executed and the closing for
each financing transaction required to provide funding to carry out the
agreement has been conducted, the authority shall determine the total
balance remaining in all toll road funds and accounts established under
IC 8-15-2. Subject to any applicable trust indentures securing toll road
bonds, the authority may retain from those funds and accounts the
amounts necessary to pay outstanding obligations with respect to the
operation of the Indiana Toll Road incurred before the effective date of
the public-private agreement, and shall transfer all remaining balances
in the toll road funds and accounts to the fund.
(j) To the extent that the authority receives any payment or
compensation under a public-private agreement concerning a
project other than the Indiana Toll Road, other than repayment of
a loan or grant or reimbursement for services provided by the
authority to the operator, the payment or compensation shall be
distributed by the authority as follows:
(1) To counties and municipalities as required under the
terms of a memorandum of understanding entered into under
IC 8-15.5-4-11.5 for that project.
(2) To reimburse the authority, the department, and local
governmental entities for costs incurred in evaluating
proposals for the project.
(3) To the extent that any amounts remain after the
distributions required by subdivisions (1) and (2), to be
retained in a separate account to be maintained by the
authority, subject to appropriation by the general assembly.
SOURCE: IC 8-15.7-1-5; (10)AM136902.18. -->
SECTION 18. IC 8-15.7-1-5, AS AMENDED BY P.L.203-2007,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5. (a) This article contains full and complete
authority for agreements and leases with private entities to carry out the
activities described in this article. Except as provided in this article, no
procedure, proceeding, publication, notice, consent, approval, order, or
act by the authority, the department, or any other state or local agency
or official is required to enter into an agreement or lease, and no law to
the contrary affects, limits, or diminishes the authority for agreements
and leases with private entities, except as provided by this article.
(b) Notwithstanding any other law, the department, the authority, or
an operator may not carry out any of the following activities under this
article unless the general assembly enacts a statute authorizing that
activity:
(1) Issuing a request for proposals for, or entering into, a
public-private agreement concerning a project other than
Interstate Highway 69 between Interstate Highway 465 and
Interstate Highway 64.
(2) (1) Carrying out construction for Interstate Highway 69 in a
township having a population of more than seventy-five thousand
(75,000) and less than ninety-three thousand five hundred
(93,500).
(3) (2) Imposing user fees on motor vehicles for use of the part of
an interstate highway that connects a consolidated city and a city
having a population of more than eleven thousand five hundred
(11,500) but less than eleven thousand seven hundred forty
(11,740).
(c) Notwithstanding subsection (b) or any other law, the department
or the authority may enter into a public-private agreement concerning
a project consisting of a passenger or freight railroad system described
in IC 8-15.7-2-14(a)(4). Such an agreement is subject to review and
appropriation by the general assembly. However, this subsection does
not prohibit the department from:
(1) conducting preliminary studies that the department considers
necessary to determine the feasibility of such a project; or
(2) issuing a request for qualifications or a request for proposals,
or both, under IC 8-15.7-4 for such a project.
SOURCE: IC 8-15.7-3-1; (10)AM136902.19. -->
SECTION 19. IC 8-15.7-3-1, AS ADDED BY P.L.47-2006,
SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. (a) Subject to IC 8-15.7-1-5, the
department may exercise the powers granted by this article to carry out:
(1) the development;
(2) the financing;
(3) the operation; or
(4) any combination of the development, financing, and operation;
of all or part of one (1) or more projects through public-private
agreements with one (1) or more private entities. The parties to a
public-private agreement that relates to a tollway or a project that
otherwise charges user fees may exercise any of the powers granted to
the party under IC 8-15-3. The department may use the revenues
arising out of one (1) project or public-private agreement for all or part
of the development, financing, and operation of any part of one (1) or
more other projects through public-private agreements with one (1) or
more private entities or as otherwise considered appropriate by the
department.
(b) The department may retain financial, legal, and other
consultants and experts inside or outside the public sector to assist
in the evaluation, negotiation, and development of projects under
this article. These consultants and experts must have at least five
(5) years experience working in that capacity with public-private
partnerships.
(c) The department may pay expenses that are reasonably
necessary for the development of procurements, evaluation of
concepts or proposals, negotiation of agreements, and
implementation of agreements for development or operation of
projects under this article.
SOURCE: IC 8-15.7-4-1; (10)AM136902.20. -->
SECTION 20. IC 8-15.7-4-1, AS ADDED BY P.L.47-2006,
SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. (a) The department may request proposals
from private entities for all or part of the development, financing, and
operation of one (1) or more projects.
(b) If all or part of the project will consist of a tollway, the
department shall take the following steps before the commencement of
the procurement process under this chapter:
(1) The department shall cause to be prepared a preliminary
feasibility study on that part of the project consisting of a tollway
by a firm or firms internationally recognized in the preparation of
studies or reports on the financial feasibility of proposed toll road
projects. The preliminary feasibility study must
be based upon a
public-private financial and project delivery structure. include the
following:
(A) A topographic map (1:2,000 or other appropriate
scale) indicating the proposed location or locations of the
project.
(B) A description of the project, including the conceptual
design of the project and all proposed interconnections
with other transportation facilities.
(C) The proposed date for development, operation, or
development and operation of the project.
(D) An estimate of the life cycle cost of the project as
proposed.
(E) A statement setting forth the method by which the
department proposes to secure any property interests
required for the project.
(F) The following information, as determined in
consultation with the local units of government and
metropolitan planning organizations in which any part of
the proposed project would be located:
(i) Information relating to the current transportation
plans, if any, of each affected jurisdiction.
(ii) A list of all permits and approvals required from
local, state, or federal agencies for the development,
operation, or development and operation of the project,
and a projected schedule for obtaining those permits and
approvals.
(iii) A list of public utility facilities, if any, that will be
crossed by the project, and a statement of the plans to
accommodate those crossings.
(iv) Information on how the project will address the
needs identified in the appropriate state, regional, or
local transportation plans by improving safety, reducing
congestion, increasing capacity, enhancing economic
efficiency, or achieving any combination of these ends.
(v) The estimated fiscal impact of the proposed project
on local units of government, including impacts resulting
from loss of taxable property, costs incurred for
displacement of existing infrastructure, and costs
incurred in reviewing the design of the proposed project
to ensure that local traffic patterns are not adversely
affected.
(G) The names and contact information of the persons who
may be contacted for additional information concerning
the feasibility study.
The department shall post a copy of the feasibility study on
the department's Internet web site and shall also provide
copies of the study to the governor, the legislative council (in
an electronic format under IC 5-14-6), and the county
executive and county fiscal body of each county in which any
part of the proposed project is to be located.
(2) After the completion of the preliminary feasibility study, the
department shall schedule a public hearing on the proposed
project and the preliminary feasibility study and publish notice of
the hearing one (1) time in accordance with IC 5-3-1 at least
seven (7) days before the hearing. The notice must include the
following:
(A) The date, time, and place of the hearing.
(B) The subject matter of the hearing.
(C) A description of the proposed project, its location, the part
of the project consisting of a tollway, and, consistent with the
assessments reached in the preliminary feasibility study, the
estimated total cost of the acquisition, construction,
installation, equipping, and improving of the proposed project,
as well as the part of the project consisting of a tollway.
(D) The address and telephone number of the department.
(3) At the hearing, the department shall allow the public to be
heard on the proposed project and the preliminary feasibility
study.
(4) After the public hearing described in subdivision (2), the
department shall submit the preliminary feasibility study to the
budget committee for its review before the commencement of the
procurement process under this chapter.
(c) In addition to the other requirements of this article, the
following conditions must be met before the department may issue
a request for proposals for a project under this chapter:
(1) The proposed project must be in:
(A) the state transportation improvement program
approved by the Federal Highway Administration and the
Federal Transit Administration; and
(B) the long range comprehensive transportation plan and
work program established under IC 8-23-2-5.
If the proposed project is not in one (1) of the programs or
plans, that program or plan must be amended to include the
project and approved in accordance with all applicable state
and federal laws.
(2) The department must prepare a comparative analysis of
providing the proposed project through the traditional
method of procurement as compared to a public-private
agreement under this article. This analysis must use a value
for money analysis that incorporates a public sector
comparator. As used in this subdivision, the following terms
have the following meanings:
(A) "Adjusted private sector bid" means the estimated bid
by a private entity for a project, adjusted for risks retained
by the public sector under alternative financing and
procurement and for ancillary costs.
(B) "Estimated private sector bid" means an estimate of
the expected bid by a private entity, including financing
costs, for a particular project using alternative financing
and procurement delivery methods.
(C) "Public sector comparator" means the estimated total
costs, including adjustments for risks retained and
ancillary costs, to the public sector of delivering an
infrastructure project using traditional procurement
processes.
(D) "Value for money" means the difference between the
public sector comparator and the estimated private sector
bid. A positive value for money occurs for a project using
a public-private agreement when the adjusted private
sector bid is less than the public sector comparator.
(3) The department must make a finding, in writing, that the
proposed project will serve the public purpose of this article.
The department may make such a finding if all of the
following conditions are met:
(A) There is a public need for the project.
(B) The project and the proposed interconnections with
existing transportation facilities, and the plans for
development, operation, or development and operation of
the project, are reasonable and will address the needs
identified in the appropriate state, regional, or local
transportation plans by such means as improving safety,
reducing congestion, increasing capacity, and enhancing
economic efficiency.
(C) The estimated cost of developing, operating, or
developing and operating the project is reasonable in
relation to similar facilities.
(D) Providing the project by means of an agreement with
a private entity will result in the timely development,
operation, or development and operation of the project or
its more efficient operation.
SOURCE: IC 8-15.7-4-2; (10)AM136902.21. -->
SECTION 21. IC 8-15.7-4-2, AS ADDED BY P.L.47-2006,
SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) This section establishes the competitive
proposal procedure that the department shall use to enter into a
public-private agreement with an operator under this article.
(b) The department may pursue a competitive proposal procedure
using a request for qualifications and a request for proposals process or
proceed directly to a request for proposals.
(c) If the department elects to use a request for qualifications phase,
it must provide a public notice of the request for qualifications, for the
period considered appropriate by the department, before the date set for
receipt of submittals in response to the solicitation. The department
shall provide the notice by:
(1) posting in a designated public area;
(2) mailing a written copy of the notice at least seven (7) days
before the anticipated date of the initial publication of the
notice required by subdivision (3) to:
(A) the city-county council, for a county having a
consolidated city;
(B) the county executive, for any other county;
(C) the common council and the mayor, for a city;
(D) the town council, for a town; and
(E) the local metropolitan planning organization, if any;
of each county, city, or town that would be an affected
jurisdiction for purposes of the proposed project; and
(3) publication in a newspaper of general circulation, in the
manner provided by IC 5-3-1,
in the city of Indianapolis and in
each county that would be an affected jurisdiction for
purposes of the proposed project.
In addition, submittals in response to the solicitation may be solicited
directly from potential offerors.
(d) The department shall evaluate qualification submittals based on
the requirements and evaluation criteria set forth in the request for
qualifications.
(e) If the department has undertaken a request for qualifications
phase resulting in one (1) or more prequalified or shortlisted offerors,
the request for proposals shall be limited to those offerors that have
been prequalified or shortlisted.
(f) If the department has not issued a request for qualifications and
intends to use only a one (1) phase request for proposals procurement,
the department must provide a public notice of the request for
proposals for the period considered appropriate by the department,
before the date set for receipt of proposals. The department shall
provide the notice by:
(1) posting in a designated public area;
(2) mailing a written copy of the notice at least seven (7) days
before the anticipated date of the initial publication of the
notice required by subdivision (3) to:
(A) the city-county council, for a county having a
consolidated city;
(B) the county executive, for any other county;
(C) the common council and the mayor, for a city;
(D) the town council, for a town; and
(E) the local metropolitan planning organization, if any;
of each county, city, or town that would be an affected
jurisdiction for purposes of the proposed project; and
(3) publication in a newspaper of general circulation, in the
manner provided by IC 5-3-1, in the city of Indianapolis and in
each county that would be an affected jurisdiction for
purposes of the proposed project.
In addition, proposals may be solicited directly from potential offerors.
(g) The department shall submit a draft of the request for proposals
to the budget committee for its review before the issuance by the
department of the request for proposals to potential offerors. The
request for proposals must:
(1) indicate in general terms the scope of work, goods, and
services sought to be procured;
(2) contain or incorporate by reference the specifications and
contractual terms and conditions applicable to the procurement
and the qualifying project;
(3) specify the factors, criteria, and other information that will be
used in evaluating the proposals;
(4) specify any requirements or goals for use of:
(A) minority business enterprises and women's business
enterprises certified under IC 4-13-16.5;
(B) disadvantaged business enterprises under federal or state
law;
(C) businesses defined under IC 5-22-15-20.5 as Indiana
businesses, to the extent permitted by applicable federal and
state law and regulations; and
(D) businesses that qualify for a small business set-aside under
IC 4-13.6-2-11;
(5) if all or part of the project will consist of a tollway, require any
offeror to submit a proposal based upon that part of the project
that will consist of a tollway, as set forth in the request for
proposals, and permit any offeror to submit one (1) or more
alternative proposals based upon the assumption that a different
part or none of the project will consist of a tollway;
(6) contain or incorporate by reference the other applicable
contractual terms and conditions; and
(7) contain or incorporate by reference any other provisions,
materials, or documents that the department considers
appropriate;
(8) contain a statement concerning requirements as to the
allocation of any revenue resulting from the proposed project
between the department and the operator, such as:
(A) availability payments or performance based payments;
and
(B) amounts required by the authority for purposes of
section 2.5(a)(1) of this chapter.
(9) contain a statement describing the performance standards
that will apply to the operator of the proposed project and
requiring each offeror to provide information setting forth the
manner by which the offeror will comply with those
standards;
(10) contain a statement:
(A) requiring each offeror to provide an operational plan
setting forth the offeror's general plans for developing,
operating, or developing and operating the proposed
project, including identification of any assumptions
concerning revenue sources, public or private, or proposed
debt or equity investments or concessions that are
anticipated to be proposed by the offeror; and
(B) notifying offerors that the operational plan provided in
the selected offer may be subject to disclosure under
section 6 of this chapter;
(11) contain the name and contact information of the persons
who may be contacted for additional information concerning
the request for proposals; and
(12) contain a statement that in order to request that the
department treat confidential and proprietary information
and trade secrets submitted as part of a proposal or other
submission as exempt from disclosure, the offeror must:
(A) conspicuously label as confidential the parts of the
proposal or other submission that the offeror considers to
be trade secrets or confidential commercial, financial, or
proprietary;
(B) state the reasons why confidentiality is necessary; and
(C) fully comply with any applicable state law with respect
to information that the offeror contends should be exempt
from disclosure.
(h) The department shall determine the evaluation criteria that are
appropriate for each project and shall set those criteria forth in the
request for proposals. The department may use a selection process that
results in selection of the proposal offering the best value to the public,
a selection process that results in selection of the proposal offering the
lowest price or cost or the highest payment to, or revenue sharing with,
the department, or any other selection process that the department
determines is in the best interests of the state and the public.
(i) The department shall evaluate proposals based on the
requirements and evaluation criteria set forth in the request for
proposals.
(j) The department may select one (1) or more offerors for
negotiations based on the evaluation criteria set forth in the request for
proposals. If the department believes that negotiations with the selected
offeror or offerors are not likely to result in a public-private agreement,
or, in the case of a best value selection process, no longer reflect the
best value to the state and the public, the department may commence
negotiations with other responsive offerors, if any, and may suspend,
terminate, or continue negotiations with the original offeror or offerors.
If negotiations are unsuccessful, the department shall terminate the
procurement, may not award the public-private agreement, and may
commence a new procurement for a public-private agreement. If the
department determines that negotiations with an offeror have been
successfully completed, the department shall, subject to the other
requirements of this article, award the public-private agreement to the
offeror.
(k) Before awarding a public-private agreement to an operator, the
department shall schedule a public hearing on the proposed
public-private agreement
and in each county that would be an
affected jurisdiction under the proposed agreement. The
department shall publish notice of the hearing one (1) time in
accordance with IC 5-3-1 at least
seven (7) twenty-one (21) days
before the hearing.
The department shall also mail a copy of the
notice to:
(1) the city-county council, for a county having a consolidated
city;
(2) the county executive, for any other county;
(3) the common council and the mayor, for a city;
(4) the town council, for a town; and
(5) the local metropolitan planning organization, if any;
of each county, city, or town that would be an affected jurisdiction
under the proposed agreement.
(l) The
notice notices required by subsection (k) must include the
following:
(1) The date, time, and place of the hearing.
(2) The subject matter of the hearing.
(3) A description of the agreement to be awarded.
(4) The recommendation that has been made to award the
agreement to an identified offeror or offerors.
(5) The address and telephone number of the department.
(l) (m) At the hearing, the department shall allow the public to be
heard on the proposed public-private agreement.
(m) (n) When the terms and conditions of multiple awards are
specified in the request for proposals, awards may be made to more
than one (1) offeror.
(o) The department may charge and retain an administrative fee
for the evaluation of an unsolicited project proposal.
SOURCE: IC 8-15.7-4-2.5; (10)AM136902.22. -->
SECTION 22. IC 8-15.7-4-2.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 2.5. (a) The department may
not execute a public-private agreement for a project unless all of
the following conditions are met:
(1) The department has entered into a memorandum of
understanding with each county or municipality that contains
any part of the project concerning reimbursement for costs
incurred by the county or municipality in relation to the
project, including:
(A) costs incurred for displacement of existing
infrastructure;
(B) costs incurred to resolve adverse impacts on local
traffic patterns;
(C) tax revenues lost as a result of exemptions granted to
the operator; and
(D) costs of law enforcement, medical services and
materials, fire protection, and other public safety and
emergency services provided for the project.
Each memorandum of understanding entered into under this
subdivison is subject to review and approval by the budget
committee.
(2) All environmental analyses of the project required by state
and federal law have been completed by the appropriate state
and federal agencies.
(3) The project has been approved in a record of decision
issued by the federal highway administration.
SOURCE: IC 8-15.7-4-3; (10)AM136902.23. -->
SECTION 23. IC 8-15.7-4-3, AS ADDED BY P.L.47-2006,
SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. (a) After the procedures required in this
chapter have been completed, the department shall make a
determination as to whether the successful offeror should be designated
as the operator for the project and shall submit its decision to the
governor and the budget committee.
(b) After review of the department's determination by the budget
committee, the governor may accept or reject the determination of the
department. If the governor accepts the determination of the
department, the governor shall designate the successful offeror as the
operator for the project. The department shall publish notice of the
designation of the operator one (1) time in each county that would be
an affected jurisdiction under the proposed public-private
agreement, in accordance with IC 5-3-1.
(c) After the designation of the successful offeror as the operator for
the project and review and approval of the proposed public-private
agreement by the budget committee and the governor, the
department may execute the public-private agreement.
(d) An action to contest the validity of a public-private agreement
entered into under this chapter may not be brought after the fifteenth
thirtieth day following completion of the publication of the notice of
the designation of the operator under the public-private agreement
under subsection (b).
SOURCE: IC 8-15.7-4-6; (10)AM136902.24. -->
SECTION 24. IC 8-15.7-4-6, AS ADDED BY P.L.47-2006,
SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 6. (a) The department may not disclose the
contents of proposals during discussions or negotiations with potential
offerors.
(b) The department may, in its discretion in accordance with
IC 5-14-3, treat as confidential all records relating to discussions or
negotiations between the department and potential offerors if those
records are created while discussions or negotiations are in progress.
(c) Notwithstanding subsections (a) and (b), and with the exception
of portions that are confidential under IC 5-14-3, Except with respect
to information that the department finds was appropriately
designated as confidential by an offeror under section 2(g)(12) of
this chapter, including any such parts of an operational plan, the
terms of the selected offer negotiated under this article and all other
proposals submitted by eligible offerors in response to the request
for proposals shall be available for inspection and copying under
IC 5-14-3 after negotiations with the offerors have been completed.
(d) Notwithstanding subsections (a) and (b), and except as
provided with respect to parts of an operational plan that are
confidential under subsection (c), at least sixty (60) days before the
hearings required by section 2 of this chapter, the department shall
make the entire operational plan or plans submitted as part of the
proposal for the selected offer or offers under section 2 of this
chapter available to the public by:
(1) posting an electronic copy of the business plan or plans on
the department's Internet web site in a manner that permits
the public to transmit comments on the operational plan to
the department; and
(2) providing printed copies of the operational plan or plans
to:
(A) the city-county council, for a county having a
consolidated city; and
(B) the county executive, for any other county;
of each county that would be an affected jurisdiction under
the proposed public-private agreement.
(d) (e) When disclosing the terms of the selected offer proposals
under subsection (c) and the operational plan under subsection (d),
the department shall certify that the information being disclosed
accurately and completely represents the terms of the selected offer.
offers and the operational plan.
(e) The department shall disclose the contents of all proposals,
except the parts of the proposals that may be treated as confidential in
accordance with IC 5-14-3, when either:
(1) the request for proposal process is terminated under section 5
of this chapter; or
(2) the public-private agreement has been executed and the
closing for each financing transaction required to provide funding
to carry out the agreement has been conducted.
SOURCE: IC 8-15.7-5-1.5; (10)AM136902.25. -->
SECTION 25. IC 8-15.7-5-1.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1.5. In addition to the other
requirements of this article, a public-private agreement entered
into under this article must provide for all of the following:
(1) A requirement that the operator and any contractor or
subcontractor engaged in the construction of the project enter
into a project labor agreement as a condition of being
awarded and performing work on the project.
(2) A statement that the agreement does not limit the ability
of the state or any unit of local government to develop,
maintain, operate, or lease any other transportation project.
However, the agreement may provide for reasonable
compensation to the operator for adverse effects on revenues
due to the development or leasing of another transportation
project, except:
(A) projects that are identified in regional transportation
plans;
(B) projects that relate to safety;
(C) improvements that result in incidental capacity
increases;
(D) newly created or converted high-occupancy vehicle
lanes;
(E) projects more than ten (10) miles from the operator's
project; and
(F) existing non-tolled lanes that are converted to
high-occupancy toll lanes.
SOURCE: IC 8-15.7-5-5; (10)AM136902.26. -->
SECTION 26. IC 8-15.7-5-5, AS AMENDED BY P.L.203-2007,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5.
(a) To the extent that the department
receives any payment or compensation under
the a public-private
agreement
entered into before July 1, 2010, other than repayment of
a loan or grant or reimbursement for services provided by the
department to the operator, the payment or compensation shall be
distributed at the direction of the department to the:
(1) major moves construction fund established under IC 8-14-14;
(2) department for deposit in the state highway fund established
by IC 8-23-9-54;
(3) alternative transportation construction fund established under
IC 8-14-17; or
(4) operator or the authority for debt reduction.
(b) To the extent that the department receives any payment or
compensation under a public-private agreement entered into after
June 30, 2010, other than repayment of a loan or grant or
reimbursement for services provided by the department to the
operator, the payment or compensation shall be distributed by the
department as follows:
(1) To counties and municipalities as required under the
terms of a memorandum of understanding entered into under
IC 8-15.7-4-2.5(1) for that project.
(2) To reimburse the authority, the department, and local
governmental entities for costs incurred in evaluating
proposals for the project.
(3) To the extent that any amounts remain after the
distributions required by subdivisions (1) and (2), to be
retained in a separate account to be maintained by the
department, subject to appropriation by the general assembly.
SOURCE: IC 8-15.7-6-2; (10)AM136902.27. -->
SECTION 27. IC 8-15.7-6-2, AS ADDED BY P.L.47-2006,
SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) Unless otherwise provided by federal
law or this article, the operator or any contractor or subcontractor of
the operator engaged in the construction of a project is not required to
comply with IC 4-13.6 or IC 5-16 concerning state public works,
IC 5-17 concerning purchases of materials and supplies, or other
statutes concerning procedures for procurement of public works or
personal property as a condition of being awarded and performing work
on the project.
(b) IC 5-16-7, concerning the common construction wage,
applies to the operator or any contractor or subcontractor of the
operator engaged in a project for the construction of a project.
SOURCE: IC 8-15.7-9-2; (10)AM136902.28. -->
SECTION 28. IC 8-15.7-9-2, AS ADDED BY P.L.47-2006,
SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) The authority may enter into a lease
with the department or the operator, or both, of a project or projects
financed under this chapter. The department may lease a project
financed under this chapter to the authority or an operator under a
public-private agreement.
(b) A lease of a project to the department under this chapter must
comply with IC 8-14.5-5 except that:
(1) the lease is not required to comply with IC 8-14.5-5-3(a)(1);
and
(2) notwithstanding IC 8-14.5-5-2(a)(2), a lease under this chapter
may be extended from biennium to biennium, with the extensions
not to exceed a lease term of seventy-five (75) fifty (50) years
unless the department gives notice of nonextension at least six (6)
months before the end of the biennium, in which event the lease
expires at the end of the biennium in which the notice is given.
SOURCE: IC 8-15.7-13-1; (10)AM136902.29. -->
SECTION 29. IC 8-15.7-13-1, AS ADDED BY P.L.47-2006,
SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. The term of a public-private agreement,
including all extensions, may not exceed seventy-five (75) fifty (50)
years. For purposes of measuring the term, the term begins on the date
on which operations of a part of the qualifying project by the operator
commences.
SOURCE: IC 8-15.5-4-13; (10)AM136902.30. -->
SECTION 30. IC 8-15.5-4-13 IS REPEALED [EFFECTIVE UPON
PASSAGE].
SOURCE: ; (10)AM136902.31. -->
SECTION 31. [EFFECTIVE UPON PASSAGE] This act applies
only to public-private agreements entered into under IC 8-15.5 or
IC 8-15.7 after March 14, 2010.
SOURCE: ; (10)AM136902.32. -->
SECTION 32.
An emergency is declared for this act.
(Reference is to HB 1369 as introduced.)
and when so amended that said bill do pass.
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AM136902/DI 44 2010